1. Comparing confederal and federal systems
Confederal systems, also known as state-centered or decentralized systems, concentrate power at the state level. Some people suggest that confederal governments, being closer to the people, bring stronger connections with public officials. Confederal systems also have the flexibility to respond to state-level dynamics and concerns of particular interests in that state.
In federal systems, national and state governments share power. The national government holds supreme power over the states. As a result, national policies apply to all citizens equally, no matter the state in which they live. In treating all citizens equally, national governments also protect national interests, such as borders and resources, and provide for the national defense. In federal systems, certain powers are shared between the state and the national governments. In the United States, the power to levy taxes is a shared power.
Examine the table and answer the questions that follow.
Federal | Shared | State |
|---|---|---|
| Print money | Collect taxes | Issue licenses |
| Regulate trade | Build roads | Regulate business within a state |
| Make treaties | Establish courts | Conduct elections |
| Conduct foreign policy | Make and enforce laws | Establish local governments |
| Declare war | Spend money on the general welfare | May use any powers that the Constitution does not delegate to the national government or deny to the states |
| Raise and support armies and navies | Charter banks and corporations | |
| Make laws that are necessary and proper to carry out these powers |
As the table shows, in a federal system of government, powers are divided between the national government and the respective state governments, with certain powers shared between the two.
Identify each action listed here as a federal, state, or shared power.
Federal | Shared | State | |
|---|---|---|---|
| Determine the requirements to receive a driver’s license | |||
| Appropriate funds for social programs | |||
| Negotiate a trade agreement with the European Union | |||
| Redesign and print the hundred-dollar bill | |||
| Construct a new highway | |||
| Raise taxes |
Points:
0.5 / 1
Close Explanation
Explanation:
These actions are all examples of different powers held by different levels of government. For example, states can determine the requirements to receive a driver’s license. In one state, a resident may be able to obtain a driver’s license at age 15; other states may require residents to wait until age 16 or to complete an educational program. States and the federal government often cooperate in building or fixing highways, with states administering highway grants given by the federal government. Additionally, both state and federal governments levy taxes and appropriate funds to finance programs. Finally, because the federal government maintains the right to handle foreign policy and coin money, only the federal government can negotiate an international trade agreement and redesign and print the hundred-dollar bill.
2. Federalism and the Constitution
Federalism describes the structure of the relationship between the national and state governments in the United States. That structure has taken on different forms throughout history. Dual federalism treats the national and state governments as distinct and sovereign; the states hold power unless the Constitution delegates powers to the national government, and states operate within independent spheres of influence. Cooperative federalism occurs when the federal and state governments share power in various areas.
The U.S. Constitution sets out the federal structure of the United States in several places, including the supremacy clause (Article VI), the necessary and proper/elastic clause (Article I, Section 8), the commerce clause (Article I, Section 8), and the Tenth Amendment. Advocates of both dual federalism and cooperative federalism argue that these same parts of the Constitution support their position. It is in the interpretation of these constitutional components where these sides differ.
Watch the video and answer the questions that follow.
Footage by AFP/Getty Images
| Statement | Cooperative or dual federalism |
| Under this view of federalism, the states and the federal government share powers. |  |
| States hold all powers not specifically delegated to the federal government in the U.S. Constitution under this view of federalism. | |
| The national governments and the governments of all fifty states are viewed as sovereign entities, possessing the power to govern themselves. | |
| The relationship between the federal and state governments involves shared responsibilities according to this view of federalism. | |
Points:
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Close Explanation
Explanation:
Under dual federalism, the states and the federal government are viewed as sovereign entities, possessing the power to govern themselves as they see fit within their specific spheres of influence. According to proponents of dual federalism, the states hold all powers not specifically delegated to the national government. Proponents of cooperative federalism, on the other hand, maintain that federalism in the United States was intended as a system of shared powers and responsibilities between the states and the federal government. Both groups point to parts of the U.S. Constitution to provide evidence as to their assertions.
Which of the following statements is accurate, according to the video? Check all that apply.
Points:
1 / 1
Close Explanation
Explanation:
While federal law bans the cultivation, sale, and distribution of marijuana under the Controlled Substances Act, 18 states have chosen to allow marijuana for medicinal use. Recently, voters in the state of Colorado passed a constitutional amendment authorizing the recreational use of marijuana. As a consequence of the amendment roughly 500 dispensaries have been established in the state in an apparent violation of federal drug law.
3. Dual and cooperative federalism In crafting the U.S. Constitution, the founders created a system of federalism, in which the new government created opportunities for states to enjoy unique powers and to share other powers with the newly formed national government. Modern federalism often focuses on how state governments and the national government relate to one another. Dual federalism, also known as “layer cake” federalism, creates separate powers for the national and state governments. Dual federalism is reflected in the U.S. Constitution in that there are powers specifically assigned to the national government (delegated powers) while the Tenth Amendment notes that powers not specifically assigned to the national government are “reserved” to the states. Cooperative federalism, or “marble cake” federalism, is a system of shared powers where the national and state governments enjoy the same powers and use those powers together to solve problems such as disaster relief and land use. Health care is an issue that brings the challenges of federalism to light. Medicaid provides health care to the poor, and Medicare extends health care to the elderly and certain disabled individuals. Both are affected by federalism issues. Medicaid is an example of cooperative federalism because it is funded by both the federal and state governments. By contrast, Medicare is funded solely by the federal government. Under the Affordable Care Act, states were encouraged to expand Medicaid coverage with higher income limits ,with the federal government taking on a significant proportion of the cost. However, states were not required to accept the Medicaid expansion, leading to an uneven coverage landscape across states. Medicaid and Federalism Under the current Medicaid program, the federal government guarantees health care coverage and long-term care for certain low-income people. The program is paid for by the federal and state governments. Each state administers its own Medicaid program with lots of state-to-state variation, but all states are required to provide coverage to anyone who meets minimum criteria set by the federal government. To reduce the budget deficit, some policymakers have suggested that the federal government reduce its Medicaid spending by giving each state a fixed amount of money and eliminating federal minimum standards for Medicaid. Which would you prefer? OPTION A: Keep Medicaid as it is, with the federal government guaranteeing coverage and setting minimum standards for benefits and eligibility. OPTION B: Change Medicaid so that the federal government gives states a fixed amount of money and each state decides who to cover and what services to pay for. Examine the graph and answer the questions that follow.  According to the graph, most people want eligibility for Medicaid to be determined by Points: 1 / 1 Medicaid is considered an example of Points: 1 / 1 Close Explanation Explanation: The graph indicates that 60% of respondents in the survey support Option A, which has the federal government taking on primary responsibility for guaranteeing minimum coverage standards and eligibility for Medicaid. This would indicate that most people support federal supremacy in this area, rather than providing money to states to spend as they see fit. Medicaid, as a program where responsibility is shared between state and federal governments, is an example of cooperative federalism. States are ultimately responsible for the day-to-day running of the program, including enrolling new members and paying providers. However, the vast majority of the funding for the program comes from the federal government. |
